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(영문) 서울중앙지방법원 2016.05.17 2015가단114799
유류분반환
Text

1. The Defendant returned to the Plaintiff the legal reserve of inheritance on July 29, 2015 with respect to the portion of 1/24 square meters out of 22,324 square meters of forest land in Jeonnam-gun, Jeonnam-gun.

Reasons

1. Basic facts

A. A. Around July 2014, the network D (hereinafter “the network”) donated 1/2 shares out of the lease deposit claim of KRW 28 million with respect to E and 103 U.S. (hereinafter “the instant claim”) to the Defendant and the real estate C/32,324 square meters (hereinafter “the instant real estate”) in Yong-Namnam-gun, Nam-gun, and donated F the remainder of 1/2 shares out of the instant real estate.

The Defendant and F completed the registration of ownership transfer on July 29, 2014, which was received on July 30, 2014, with respect to shares of 1/2 of the instant real estate, due to donation No. 17996, July 29, 2014.

B. The Deceased died on August 6, 2014, and the Defendant, G, F, the Plaintiff, H, and I jointly inherited the Deceased’s property at the ratio of 1/6, respectively.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 7 (including branch numbers, if any) and the purport of whole pleadings

2. The instant claims and the instant real estate donated by the Defendant and F, a co-inheritors who are co-inheritors to determine the cause of the claim, are included in the basic property for calculating the legal reserve of inheritance, and there is no proof of assertion that there was another inherited property at the time of the death of the deceased. Thus, the property, which serves as the basis for calculating the legal reserve of inheritance, becomes the instant claims and the instant real estate.

The Plaintiff’s legal reserve of inheritance is 1/12 of the statutory inheritance, and there is no assertion as to the Plaintiff’s special profit or net inheritance amount. Thus, the Plaintiff’s legal reserve of inheritance is 1/12 of the instant bonds and 1/12 of the instant real estate.

The Defendant and F also share 1/12 of the instant claims and the instant real estate. The Defendant received all the instant claims and 1/2 of the instant real estate, while F received 1/2 of the instant real estate, respectively. Of the instant claims sought to return legal reserve of inheritance against the Defendant in the instant case, KRW 2,33,00 corresponding to 1/12 of the instant claims that the Plaintiff sought to return legal reserve of inheritance against the Defendant in the instant case = the amount of claims in the instant case ¡¿ 1/12, and KRW 1/12 of the legal reserve of inheritance.

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